Limitation period

The law does not let claims wait forever. Each kind of case has a period within which it must be filed, counted from a date set by law, usually when the right to sue arises.

The law behind it

The Limitation Act, 1963 is the main law. Under Section 3, a suit, appeal or application filed after the prescribed period must be dismissed, even if limitation is not raised as a defence. The Schedule to the Act lists the periods. Some examples:

• Recovery of money lent: three years from when the loan is made (Article 19).
• Specific performance of a contract: three years from the date fixed for performance, or from when performance is refused (Article 54).
• Possession of immovable property based on title: 12 years from when the defendant's possession becomes adverse (Article 65).
• Execution of a decree: 12 years from when it becomes enforceable (Article 136).

Things that change the count

• A written acknowledgment of the debt, signed before the period ends, starts a fresh period (Section 18).
• The time taken to get a certified copy of the order is excluded for appeals (Section 12).
• Delay in appeals and applications, but not suits, can be condoned for sufficient cause (see condonation of delay).

Use the deadline calculator to work out a date.